Law360, New York (August 12, 2014, 10:28 AM EDT) -- Since 1988, any foreign or foreign-controlled company seeking to acquire control over a U.S. business has faced the prospect that its investment could be undone or modified by the U.S. president based on concerns for U.S. national security. Under Section 721 of the Defense Product Act of 1950,[1] the president can take such action following a review of such a company's proposed or completed acquisition by the Committee on Foreign Investment in the United States.[2] To date, the basis for the president's decisions and the factors influencing CFIUS in advising the president under Section 721 have been relatively obscure, even to the parties involved in transactions under review. Pursuant to a recent decision of the Court of Appeals for the D.C. Circuit, however, there may be opportunities for increased transparency, at least with respect to CFIUS' considerations....